What is the likelihood of facing jail time if convicted of a Class A misdemeanor and it is a first offense?

Asked on November 29, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most first time Class A misdemeanors result in some type of probation (a regular probation or deferred adjudication) and a fine.  If you spent a couple of nights in jail, sometimes the prosecutor will offer a time-served offer, wherein you get credit for the couple of nights you were in jail and are assessed a fine-- this means you don't have to go back to jai..  A general rule in criminal law is that the less criminal history you have the lighter punishment you will receive.  However, this is a general rule.  If there are aggravating circumstances, you could face mandatory or discretionary jail time.  DWI offenses have sentences that involve minimum mandatory jail sentences as a condition of probation.  Assault family violence cases can cause a prosecutor or jury to recommend jail time if someone was badly hurt.  The only type of case that has a mandatory probation clause are state jail possession of controlled substance cases. 


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